HomeMy WebLinkAboutAGMT - California Department of Transportation CALTRANS and OCTA (Settlement Agreement and Release of Claims I-405)SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
This Settlement Agreement and Release of Claims ("Agreement ") is entered into as of
the date upon which the last Party signature is affixed (the "Effective Date ") by and among the
City of Seal Beach, a municipal corporation ("SEAL BEACH "), the Orange County
Transportation Authority, a public entity ( "OCTA ") and the California Department of
Transportation ( "CALTRANS ").
SEAL BEACH, OCTA and CALTRANS are sometimes individually referred to herein as
a "Party" and collectively as the "Parties ".
RECITALS
A. On June 30, 2015, OCTA and CALTRANS entered into a cooperative agreement,
OCTA Agreement No. C -4 -1847, relating to the construction of improvements on Interstate 405
(the "I- 405 ") generally between State Route 73 and Interstate 605 and OCTA has entered into
the design -build contract referenced in Recital D below for construction thereof (collectively, the
"Project'). The Project will include the development and construction of four tolled express
lanes, two in each direction, and the addition of one general purpose lane in each direction.
Design and construction of the Project are estimated to occur from 2017 through 2023.
B. On July 16, 2015, SEAL BEACH filed a petition for writ of mandate in Orange
County Superior Court entitled City of Seal Beach v. State of California Department of
Transportalion; Orange County Transportation Authority, Case No. 30- 2015- 00799223
(hereafter, the "Litigation "). The Litigation was ultimately removed to San Diego County
Superior Court where it is now pending as Case No. 37- 2016- 00021062- CU- TT -CTL, the
Honorable Judith T. Hayes, presiding.
C. In the Litigation SEAL BEACH contends that OCTA and CALTRANS violated
the California Environmental Quality Act ( "CEQA ") in several respects, including the contention
that the environmental impact report prepared for the Project (hereafter, the "EIR ") failed to
adequately analyze and mitigate the Project's traffic impacts in SEAL BEACH. OCTA and
CALTRANS deny all allegations in the Litigation.
D. OCTA has entered into a design -build project with OC 405 Partners, joint venture
( "Design- Builder "), dated January 31, 2017 (the Design -Build Contract), to construct the Project.
E. SEAL BEACH and OCTA have entered into Cooperative Agreement No. C -6-
1126 ( "SEAL BRACH Cooperative Agreement "), which requires, among other things: (1) the
implementation of a Public Awareness Campaign to advise SEAL BEACH, its residents and
businesses of Project detours, closures, and status; (2) the requirement that the Design- Builder
develop a traffic management plan that addresses construction - related impacts to SEAL BEACH
street traffic and if it is determined there are impacts from established detours, to pay mitigation
costs for the reduction of pavement life; and (3) to repair SEAL BEACH streets and facilities
that are damaged as result of construction.
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F. The Parties to the Litigation desire to settle their differences, compromise their
disputes, release each other from any and all liability, except as specifically provided herein, and
avoid the expenses of continuing litigation.
Now, therefore, the Parties, in consideration of the performance hereinafter described,
agree as follows:
1. CONDITIONS OF SETTLEMENT.
1.1. OCTA and CALTRANS shall within 60 days of the entry of a "Stipulation and
[Proposed] Order Dismissing the Litigation and Reserving Jurisdiction"
(hereafter, the "Order "), provide a letter to SEAL BEACH for public
dissemination, which explains in detail why portions of the Almond Avenue
sound wall must be relocated, the estimated construction schedule thereof, the
mitigation measures that will be in place to address noise, safety and other
construction related impacts and the post- construction wall and street design.
After providing the letter, the Parties agree to work cooperatively to provide
public notice and hold at least one public informational meeting concerning the
Almond Avenue sound wall at least 90 days prior to the time the Design - Builder
begins any significant staging or construction activities thereon. At the public
meeting OCTA/CALTRANS shall provide all of the information discussed above,
provide an opportunity for the public to ask questions and provide a phone
number for the public to contact OCTA and /or the Design - Builder with questions
or concerns as construction commences on the Almond Avenue sound wall. Seal
Beach agrees to work cooperatively to ensure that false information concerning
the construction of the Almond Avenue sound wall is corrected and /or not
disseminated to the extent such dissemination is within SEAL BEACH's control.
1.2. OCTA shall, within 15 days of the Effective Date, provide SEAL BEACH with a
summary of pertinent Design -Build Contract provisions relating to construction of
the Almond Avenue sound wall. SEAL BEACH shall have the right to review
and provide comments on the design plans, construction schedule and
construction mitigation for the Almond Avenue sound wall. SEAL BEACH shall
submit such comments within 15 days of receipt of each document. OCTA agrees
to in good faith consider SEAL BEACH's comments and implement same if
reasonably feasible, in compliance with applicable standards, and if they do not,
in OCTA's sole judgment, significantly increase the costs of constructing the
Almond Avenue sound wall.
1.2.1 In addition to the Design -Build Contract provisions relating to the
construction of the Almond Avenue sound wall, OCTA shall ensure that the new
Almond Avenue sound wall is designed and constructed in a manner and location
that maintains a minimum width of thirty six (36) feet from curb face to curb face
for the length of the street and to the extent practicable, maximizes the width of
the parkway strip between the sound wall and the curb face of Almond Avenue.,
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1.2.2. The Design - Builder's current schedule contemplates demolition and
construction of the Almond Avenue sound wall will occur during a 4 -month
period. OCTA shall make all reasonable efforts to ensure that Design - Builder
conforms to this schedule. In the event Design- Builder will not finish with this
work within the 4 -month time frame. OCTA shall notify Seal Beach in writing as
to the reasons for the delay and the new anticipated completion date as soon as it
possesses such information. OCTA shall also provide such notice to the
residential neighborhood affected by the construction pursuant to a mailing list to
be provided by Seal Beach.
1.3. OCTA agrees that within 180 days of the entry of the Order it will make a
mitigation payment to SEAL BEACH in the amount of One Million, Six Hundred
Eighty -Seven Thousand, Five Hundred Twenty Dollars ($1,687,520) (the
"Mitigation Payment"): provided that if OCTA terminates the Project as set forth
in Section 3 hereof, OCTA shall be relieved of its obligation to make the
Mitigation Payment. SEAL BEACH shall only use the Mitigation Payment to
implement and construct the improvements listed in Exhibit "A" (the "SEAL
BEACH Improvements "), which is attached hereto and incorporated herein by
reference. The Mitigation Payment may not be used by SEAL BEACH to
reimburse itself for employee staff time. Any portion of the Mitigation Payment
not expended by SEAL BEACH on the SEAL BEACH Improvements within five
(5) years of Substantial Completion of the Project, as that term is defined in the
Design -Build Contract, shall be returned to OCTA. OCTA shall provide written
notice to SEAL BEACH of the date of Substantial Completion. The Parties agree
to extend the time for SEAL BEACH to expend the Mitigation Payment if SEAL
BEACH is making reasonable progress toward implementation of the SEAL
BEACH Improvements. SEAL BEACH shall keep and provide upon request by
OCTA or CALTRANS, adequate and auditable records documenting any
Mitigation Payment expenditures. The cost of any such review and /or audit shall
be borne by the requesting Party.
1.4. The Parties agree that the Mitigation Payment shall relieve OCTA and
CALTRANS from any obligation to further mitigate any of the Project's impacts
to those portions of SEAL BEACH facilities identified in Exhibit A as SEAL
BEACH Improvements, including, but not limited to, any obligations imposed on
OCTA and the Design- Builder under the SEAL BEACH Cooperative Agreement
as to the SEAL BEACH Improvements, except that OCTA and the Design -
Builder shall be required to implement any applicable mitigation measures
imposed by the Final EIR for the Project and repair any damage to the SEAL
BEACH Improvements caused by the construction of the Project.
1.5. As part of the Project, OCTA agrees to implement and construct the
improvements identified in Exhibit "A" as the "OCTA Improvements ".
Page 3 of 11
1302699.1
1.6. CALTRANS agrees within 60 days of entry of the Order to program in its State
Highway Operations and Protection Program the funding for the resurfacing of
Pacific Coast Highway within the municipal boundaries of SEAL BEACH (the
" SHOPP Improvement "); provided that if the Project is terminated at any time
within 24 months of the Effective Date, CALTRANS shall be released from any
such obligation.
1.6.1. The Parties recognize that in order to construct the SHOPP Improvement
CALTRANS may be required to review the SHOPP Improvement under
CEQA and cannot commit itself to constructing the SHOPP Improvement
until such review is completed and approved by a person or body
authorized to do so. CALTRANS also has certain regulatory procedures it
must follow and approvals it must obtain to, among other things, acquire
property for (if necessary), design and award contracts for the SHOPP
Improvement, the timing of which is not always within CALTRANS'
complete control.
1.6.2. Construction of the SHOPP Improvement is contingent upon funds being
appropriated by the State Legislature for the SHOPP Improvement and
approval thereof by the California Transportation Commission.
1.7. OCTA agrees that any gas line(s) proposed to be relocated onto the SEAL
BEACH property depicted in Attachment 2 to Exhibit A will only be relocated in
an easement to be granted in the area generally depicted in such Attachment 2.
1.8. OCTA agrees that to the extent it is obtaining an easement for itself or any third
party on any property owned in fee by SEAL BEACH, that it shall pay SEAL
BEACH the fair market value of the easement. Pair market value shall be
determined by a qualified appraiser mutually agreed upon by both OCTA and
SEAL BEACH. SEAL BEACH and OCTA shall both be provided the
opportunity to accompany the appraiser upon his /her inspection of the property
upon which the easement will be acquired. Any written or oral communications
with the appraiser by any Parties shall be disclosed to SEAL BEACH and OCTA.
Notwithstanding the foregoing, OCTA shall not be required to compensate SEAL
BEACH for any easement obtained on behalf of SCE in Almond Avenue in the
area depicted as the "Gap Area" in Attachment 3 to Exhibit "A," because Seal
Beach has requested that the utilities be undergrounded in the "Gap Area." SEAL
BEACH agrees to work cooperatively with OCTA and affected utilities in
providing the easements.
1.9. Within 30 days of the entry of the Order, SEAL BEACH shall provide to OCTA
the historical Pavement Condition Index ( "PCV) values for Westminster Avenue
between west SEAL BEACH limits and Bolsa Chica Road and for Seal Beach
Boulevard between the 1 -405 and Westminster Avenue from SEAL BEACH's
2016 Pavement Management Plan update (the "pre- construction PCI "). The pre -
construction PCI will be compared against the PCI values for these same streets
Page 4 of 11
1302699.1
after two (2) years following Substantial Completion of the Project (post -
construction PCI). Pre - construction and post- construction PCI values for other
similar SEAL BEACH arterials, as agreed by OCTA and SEAL BEACH, will
also be obtained as baseline data control. Subject to the reasonable approval of
OCTA, SEAL BEACH shall select a consultant to develop the PCI values.
OCTA and SEAL BEACH shall have the right to accompany the consultant
during any relevant inspections. The baseline data will be used to develop an
assumed average baseline PCI deterioration rate. The baseline PCI deterioration
rate will be applied to Westminster Avenue and Seal Beach Boulevard to
determine the assumed amount of PCI deterioration on these streets that would
have likely occurred in the absence of the Project. OCTA shall make a fair share
payment to SEAL BEACH if the PCI deterioration exceeds the assumed amount
of PCI deterioration. OCTA's fair share payment shall be for a grind and overlay
of Seal Beach Boulevard and/or Westminster Avenue as the case may be. By way
of example, if the PCI deterioration is 25% on Seal Beach Boulevard, OCTA's
fair share payment shall be 25% of the bid amount for the work received by
SEAL BEACH pursuant to its public works competitive bidding procedures. In
the alternative, SEAL BEACH and OCTA may in good faith estimate OCTA's
fair share payment and upon such agreement OCTA shall make its fair share
payment to SEAL BEACH. The fair share payment may only be used by SEAL
BEACH for the improvements identified in this section.
1.10. The Parties recognize that prior to approving the construction of certain
improvements described in this Agreement that an environmental review under
CEQA may be required and no Party may commit itself to constructing any
particular improvements not previously subject to environmental review until that
review is completed and approved by a person or body authorized to do so.
1.11. OCTA shall, within 30 days of the Effective Date of this Agreement, reimburse
SEAL BEACH the amount of $279.693.58 for any and all costs, including
attorneys' fees and administrative record costs, which SEAL BEACH has
incurred in the Litigation. OCTA and CALTRANS agree to waive any and all
costs, including attorneys' fees.
1.12. SEAL BEACH shall, within 10 business days of receipt of the payment
referenced in Section 1.11 above execute and file the proposed Order in
substantially the same form as the attached Exhibit "B ". The Parties agree that if,
for whatever reason, the trial court does not grant the Parties' joint request to
enter the proposed Order that SEAL BEACH shall (a) promptly execute and file a
Request for Entry of Dismissal of the Litigation with prejudice, and (b) upon such
dismissal, this Agreement shall be enforceable by any Party through the filing of
new litigation alleging a breach of the Agreement.
Page 5 of 1 I
1302699.1
2. RELEASE OF CLAIMS:
2.1 In consideration of the above recited Conditions of Settlement, the Parties
(including their respective officers, employees, agents and attorneys) hereby
release and forever discharge each other from any and all Claims relating to
and /or arising out of the allegations and defenses that were or may have been
asserted in the Litigation, with the following exception:
This release shall not apply to SEAL BEACH if OCTA terminates the Project
pursuant to Section 3 of this Agreement. In that event, and notwithstanding the
dismissal of the Litigation with prejudice, SEAL BEACH may challenge any
subsequent re- approval of the Project, or new approval of a substantially similar
project but in such event shall repay to OCTA within 30 days of filing such
challenge, any portion of the Mitigation Payment which has not been expended
and OCTA and CALTRANS shall be relieved of any obligations otherwise
contained in this Agreement.
2.2 Claims shall include any and all causes of action, in law or equity, suits,
liabilities, demands, damages, losses, costs or expenses of any nature whatsoever,
including but not limited to. attorneys' fees, litigation expenses, whether now
known or unknown, that have or may have existed or that do exist as of the
Effective Date.
2.3 Waiver of Civil Code Section 1542: To the extent applicable, each of the Parties
expressly waives any rights or benefits under Civil Code § 1542, which provides
as follows:
"A general release does not extend to claims which the creditor
does not know or suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor."
In connection with this waiver, each of the Parties acknowledges that Claims and
facts in addition to or different from those which are now known or believed to
exist may hereafter be discovered with respect to the subject matter of.this
Agreement or the other Parties hereto.
3. TERMINATION OF THE PROJECT.
3.1 The Parties understand that even though OCTA approved the Project, it may
decide not to construct the Project. If OCTA decides to terminate the Project prior
to making the Mitigation Payment, it shall provide notice to SEAL BEACH
stating that the Project is being terminated and the date thereof.
3.2 If OCTA opts to terminate the Project pursuant to Section 3.1, OCTA agrees that
it will not re- consider approving the Project, or consider approving a substantially
similar Project, without first notifying SEAL BEACH of its intention to do so.
Page 6 of 11
1302699.1
Should OCTA re- approve the Project or approve a substantially similar Project, it
shall file a new Notice of Detennination pursuant to Public Resources Code
section 21152 upon any such approval.
4. ENFORCEMENT OF SETTLEMENT AGREEMENT.
4.1 The Parties desire any dispute related to or arising out of this Agreement to be
resolved promptly. Unless a Party to this Agreement reasonably believes that
informal efforts to resolve such a dispute would be futile, the Parties agree to use
their best efforts to resolve their disputes by direct communications between the
Parties and /or their legal counsel.
4.2 In the event such individuals are unable to resolve the dispute, or informal efforts
are not resorted to because such efforts are believed to be futile, written notice of
the claimed dispute shall be provided to all Parties and to their legal counsel. The
Party to whom the claimed dispute is addressed shall have 30 days to respond.
4.3 In any dispute related to or arising out of this Agreement, the Parties consent to
the jurisdiction of the San Diego Superior Court, Honorable Judith F. Hayes, the
presiding judge over the Litigation, or her successor, to address any such disputes.
5. GENERAL PROVISIONS.
5.1. Interpretation. Wherever the context so requires, the neutral gender shall include
the masculine and feminine genders.
5.2. Warranty of No Assi ng ment. Each of the Parties hereby warrants and represents
that it has not assigned, transferred, or conveyed, or purported to have assigned,
transferred, or conveyed, to any person or entity any claim, demand, debt,
liability, account, obligation, or cause of action herein released.
5.3. Warranty of Authority. Each individual signing this Agreement warrants and
represents that he has full authority to execute on behalf of the entity on whose
behalf he so signs, and that such signature is binding thereon.
5.4. Entire Agreement No Reliance on Representations by Others. This Agreement
contains the entire agreement and understanding concerning the subject matter
herein and supersedes and replaces any prior negotiations and agreements
between the Parties, or any of them, whether written or oral. Each of the Parties
acknowledges that no other Party or agent or attorney of any other Party has made
any promise, representation, or warranty whatsoever, express or implied, not
contained herein, concerning the subject matter hereof, to induce the other Party
to execute this Agreement. Each Party acknowledges that it has not executed this
Agreement in reliance upon any such promise, representation, or warranty not
contained herein.
Page 7 of I 1
1302699.1
5.5. Binding on Successors and Heirs. This Agreement shall be binding upon and
inure to the benefit of the Parties and their respective assigns, successors and
heirs.
5.6. Controlling Law. This Agreement is made and entered into in the State of
California and shall in all respects be interpreted, enforced, and governed by and
under the laws of California.
5.7. Modification. This Agreement may be modified only by a written agreement
signed by all Parties hereto.
5.8. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original.
5.9. Payment of Costs. Except as such amounts may be included in this Agreement,
each Party hereto shall be 'responsible for its own costs and fees, including
attorneys' fees, incurred in connection with negotiating and drafting this
Agreement or in the Litigation.
5.10. Drafting of Agreement. This Agreement is a negotiated document and shall be
deemed to have been drafted jointly by the Parties. This Agreement shall be
interpreted and construed on the express assumption that all Parties participated
equally in its drafting.
5.11. Headings and Titles. The headings and titles for the paragraphs of this Agreement
are for convenience only and shall not alter the terms of this Agreement.
5.12. Waiver. Waiver by any Party of any breach or failure to exercise any right under
this Agreement shall not be deemed a waiver of any subsequent breach or right.
The failure of any Party to take action at the earliest possible time to redress any
such breach or to exercise any such right shall not deprive such Party of the right
to take action at any subsequent time while such breach or condition giving rise to
such right continues.
5.13. Time of the Essence. Time is of the essence for this Agreement and for each term
and condition hereof.
5.14. Notice. Any notice, request, demand, instruction, or other communication to be
given to any Party hereunder shall be in writing and personally delivered or sent
by first class mail, as follows:
If to SE.AI_ BEACH: City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Attention: City Manager
Craig Steele, City Attorney
Page 8 of 11
1302699.1
Richards, Watson & Gershon
With a copy to: 355 South Grand Avenue, 40th Floor
Los Angeles, CA 90071
If to OCTA: Orange County Transportation Authority
600 South Main Street
Orange, CA 92863
Attn: Darrell Johnson
Chief Executive Officer
With a copy to: James Donich, General Counsel
Woodruff, Spradlin & Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626
If to CALTRANS: California Department of
Transportation
1750 E. 4`h Street
Santa Ana, CA 92705
Attn: District Director
With a copy to: California Department of Transportation
4050 Taylor Street
M.S. — 130
San Diego, CA 92110
Attn: Deputy Chief Counsel
Notice shall not be deemed given unless and until notice is given to all addressees
to whom notice must be sent. The addresses and addressees for the purposes of
this Section may be changed by giving written notice of such change in the
manner provided in this Section.
5.15. Representations. The Parties make the following material representations with the
understanding that each of them enters into this Agreement in reliance upon each
of these representations and that without these representations, none would enter
into this Agreement.
5.15.1. Representation re Understanding and Consultation with Counsel. Each of
the Parties warrants and represents that it has read and understands this
Agreement, and that each Party has had adequate time to consult with its
counsel and review this Agreement.
5.16. Good Faith and Further Assurances. The Parties agree that they will act in good
faith in abiding by the terms of this Agreement, and in carrying out the
obligations of each Party set forth herein. So long as authorized by applicable
laws to do so, each of the Parties to this Agreement will do such further acts and
Page 9 of 1 I
13172699.1
execute, acknowledge, and deliver all further documents as may be necessary to
fully effectuate the provisions of this Agreement.
IN WITNESS WHEREOF, the undersigned have executed this Agreement.
Dated: CITY OF SEAL BEACH
APPRO /VII D)A$ TQ ORM: By
\n/ Jil R. gram, City Mana er
A. Steele, City Attorney
�
Dated: , / z /
Dated:
ORANGE COUNTY TRANSPORTATION
AUTHORITY
APPROVED AS TO FORM: By:
James M. Donich, General Counsel
Dated:
Dated:
Darrell Johnson
Chief Executive Officer
STATE OF CALIFORNIA AND
CALIFORNIA DEPARTMENT OF
TRANSPORTATION, a department of the
State of California (`CALTRANS ")
APPROVED AS TO FORM: By:
Ryan Chamberlain
District Director, Caltrans District 12
Glenn Mueller, Assistant General Counsel
Dated:
Page 10 of 11
1302699.1
execute, acknowledge, and deliver all further documents as may be necessary to
fully effectuate the provisions of this Agreement.
IN WITNESS WHEREOF, the undersigned have executed this Agreement.
Dated:
APPROVED AS TO FORM:
Craig A. Steele, City Attorney
Dated:
CITY OF SEAL BEACH
By:
Jill R. Ingram, City Manager
Dated: 3J / ORANGE CO
AUTHORITY
APPROVED AS TO FORM: By: 1--� I
Darrell Joly
;<Vwr Chief Ex ct
ZI is M. Donich, General Counsel
Dated: 3 $4
JIF
Dated:
APPROVED AS TO FORM:
Glenn Mueller, Assistant General Counsel
Dated:
1302699.1
PORTATION
ve Officer
STATE OF CALIFORNIA AND
CALIFORNIA DEPARTMENT OF
TRANSPORTATION, a department of the
State of California ( "CALTRANS ")
an
Ryan Chamberlain
District Director. Caltrans District 12
Page 10 of 1 1
execute, acknowledge, and deliver all further documents as may be necessary to
fully effectuate the provisions of this Agreement.
IN WITNESS WHEREOF, the undersigned have executed this Agreement.
Dated: CITY OF SEAL BEACH
APPROVED AS TO FORM:
Craig A. Steele, City Attorney
Dated:
Dated:
APPROVED AS TO FORM:
,lames M. Donich, General Counsel
Dated:
Dated:
APPROVED AS1TO — FORM:
" —
enn Mueller, Assistant General Counsel
Dated: 3- z�— z0 /6
03 2699.1
Jill R. Ingram, City Manager
ORANGE COUNTY TRANSPORTATION
AUTHORITY
C
Darrell Johnson
Chief Executive Officer
STATE OF CALIFORNIA AND
CALIFORNIA DEPARTMENT OF
TRANSPORTATION, a department of the
State of California ( "CALTRANS ")
By: '& ✓t MC4"" A
Ryan Chamberlain
Ac-b/� District Director, Caltrans District 12
Page 10 of 11
EXHIBIT A
SEAL BEACH Improvements (Estimated Cost)
• Resurfacing and restriping of Almond Avenue in the area where SCE Utilities are placed
underground as part of the Project. ($570,000)
• Resurfacing of Lampson in the area where SCE Utilities are placed underground as part
of the Project. ($330,000)
• Lampson Avenue drainage improvements. ($50,000)
• Repaving of intersection of North Gate Road and Seal Beach Boulevard. ($98,000)
• Resurfacing of Old Bolsa Chica Road. ($444,000)
• Installation and maintenance of landscape improvements in areas depicted in Attachment
I to this Exhibit A. SEAL BEACH shall be responsible for obtaining any necessary
encroachment permits and approvals from CALTRANS. The timing of installation of the
landscape improvements and the type thereof, shall be subject to the approval of OCTA
and CALTRANS. ($100,000)
1,592.000 (Total Estimated Costs) x 1.06 (construction inflation) = $1,687,520 (Total
Mitigation Payment)
OCTA Improvements
• Relocation of gas line(s) on SEAL BEACH Property in the area depicted in Attachment 2
to this Exhibit A and repair of any SEAL BEACH facilities damaged thereby to the
reasonable satisfaction of SEAL BEACH's public works director.
• Underground SCE Utilities in Almond Avenue in the area depicted in Attachment 3 to
this Exhibit A. ($1,143,000)
• Underground SCE Utilities in Lampson Avenue in the area depicted in Attachment 4 to
this Exhibit A. ($312,000)
• Add right hand turn pocket to the I -405 southbound off ramp to Seal Beach Boulevard.
(Up to $1,000,000)
Total Estimated Cost $2,455,000
Note: The improvements identified under OCTA Improvements in the first and last bullets are
within CALTRANS right of way and thus, will be subject to CALTRANS review and approval.
Page I 1 of 11
1302699.1
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